12-2453. Factors; best interests of minor; burden of proof; emancipation orders; filing requirements

199 words·~1 min read·/az/title-12/12-2453

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The court shall determine emancipation based on the best interests of the minor and shall consider all relevant factors, including:

1. The potential risks and consequences of emancipation and to what degree the minor understands these risks and consequences.

2. The wishes of the minor.

3. The opinions and recommendations of the minor's parent or legal guardian.

4. The financial resources of the minor, including the minor's employment history.

5. The minor's ability to be financially self-sufficient.

6. The minor's level of education and the minor's success in school.

7. Whether the minor has a criminal record.

8. Whether the minor has obtained an offer of employment.

B. The minor has the burden of proof by clear and convincing evidence.

C. The court shall file an emancipation order with the clerk of the court and issue a copy of the order to the minor and the department of economic security or its agent, if the minor is a child in a title IV-D case.

D. An emancipation order issued by a court pursuant to this article:

1. Is conclusive evidence that the minor is emancipated.

2. Terminates a dependency action as to the minor by operation of law.